Decree No. 01/2015/ND-CP detailing the scope of customs territory operations; responsibilities for cooperation in preventing and combating smuggling and illegal goods trafficking across borders.

DECREE

Detailed scope of customs territory activities;

responsibility for coordination in preventing and combating smuggling,

illegal transportation of goods across borders

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Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Customs Law dated June 23, 2014;

At the proposal of the Minister of Finance,

The Government promulgates this Decree to detail the scope of customs territory activities; responsibilities for coordination among customs authorities and relevant state agencies, all levels of People's Committees in anti-smuggling and illegal transportation of goods across borders work.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree details the scope of customs territory activities; responsibilities for coordination between customs authorities and relevant state agencies, all levels of People's Committees in anti-smuggling and illegal transportation of goods across borders work.

Article 2. Applicability

1. Customs authority, customs officer.

2. Police force, border guard, coast guard, market management, all levels of People's Committees and other relevant agencies responsible for anti-smuggling and illegal transportation of goods across borders work.

3. Organizations and individuals with rights and obligations related to export, import, transit goods; exit, entry, transit transport vehicles.

Chapter II

SPECIFIC SCOPE OF CUSTOMS TERRITORY ACTIVITIES

Article 3. Specific scope of customs territory activities at land border gateways, inland waterway border gateways

The specific scope of customs territory activities at land border gateways, inland waterway border gateways is the area with defined boundaries at a gateway opened on a land route, inland waterway route within the mainland border region as specified in the Appendix attached to this Decree.

Article 4. Specific scope of customs territory activities at international railway gateway stations within the country

The specific scope of customs territory activities at international railway gateway stations within the country includes:

1. Station area used for international trains going and coming; place for passengers to exit and enter; station yard, area for exported, imported, transited goods.

2. Terminal areas and areas used for international trains going and coming and performing export, import, transited goods transportation services.

3. Areas where international trains have not yet completed customs procedures and are under customs supervision and control.

Article 5. Specific scope of customs territory activities at international civil aviation port gateways

The specific scope of customs territory activities at civil aviation ports with international transportation is the specific boundary of the airport as stipulated in the Prime Minister's decision approving the master plan or the Ministry of Transport's Minister's decision, including:

1. Passenger terminal, export and import goods terminal.

2. Duty-free shopping area.

3. Cargo handling and transfer area, cargo storage area for air transported export and import goods; storage area for stored goods, checked baggage, lost goods of exiting and entering passengers.

4. Aircraft parking area.

5. Fuel storage and supply area; ground service equipment area, aircraft repair and maintenance area.

6. Service road.

Article 6. Specific scope of customs territory at seaports and inland waterway ports with export, import, exit, entry, and transit activities.

The specific scope of customs territory at seaports and inland waterway ports with export, import, exit, entry, and transit activities includes:

1. The area delineated from the outer boundary of the port waterway where goods entering and exiting the port must be under customs supervision to the boundaries of the port gates, specifically including warehouses, wharves, workshops, administrative and service areas, waters before the wharf, anchorage areas, transfer areas, typhoon shelters, waters of adjacent ports, and transit channels.

2. The area for welcoming and delivering pilots to the port and designated locations for vessels, boats engaged in exit, entry, and transit to anchor and wait to enter seaports and inland waterway ports, anchorage areas for transferring cargo, and channels from these areas into seaports and inland waterway ports.

The specific scope of customs territory at international post offices is the area within the postal service point that implements export, import, and storage of mail with foreign countries according to the international agreements of the Universal Postal Union and the postal regulations of the Socialist Republic of Vietnam.

Article 8. Specific scope of customs territory at areas outside border gates.

The specific scope of customs territory at areas outside border gates is the location where customs authorities process customs procedures, supervise, control, or physically inspect goods according to the laws on customs, including:

1. Customs office headquarters.

3. Export and import cargo ports established inland, cargo collection points (CFS); bonded warehouses, duty-free warehouses, warehouses storing exported, imported, and transiting goods of transportation organizations engaged in exporting, importing, and transiting goods.

4. Areas at sea, on rivers, and on land where transport vehicles anchor, dock, or move to transport exported and imported goods, vehicles exiting, entering, and transiting; goods and transport vehicles being transferred, changing ports, and transiting while undergoing customs procedures and being inspected, supervised, and controlled by customs authorities.

5. The declarant's workplace when conducting post-clearance inspections, including: Workplaces, production sites, service provision sites, warehouses, workshops, storage and preservation sites, rented and stored sites for exported and imported goods of the declarant.

6. Warehouses storing tax-exempt goods, tax-exempt retail stores in the domestic market selling tax-exempt goods to departing and arriving passengers.

7. Areas organizing exhibitions, fairs, displays, and product presentations of temporarily imported and re-exported goods.

9. Concentrated inspection locations as decided by the General Director of the General Department of Customs.

10. Areas and locations for joint inspections between Vietnamese Customs and neighboring country Customs at border gate areas in Vietnamese territory according to international treaties to which Vietnam is a member.

11. Areas storing exported and imported goods under customs supervision.

12. Locations where transport vehicles are transporting goods under customs supervision and control on various routes.

Article 9. The customs operation territory is another area or location.

The scope of the customs operation territory at other areas or locations that meet the requirements for state management, allowing export, import, transit of goods, exit, entry, and transit of transport vehicles, established according to the Prime Minister's decision is the boundary of the areas and locations recorded in the establishment decision of the Prime Minister.

Chapter III

RESPONSIBILITIES FOR COOPERATION OF CUSTOMS AUTHORITIES, RELATED AUTHORITIES AND PEOPLE'S COMMITTEES AT ALL LEVELS IN COMBATING SMUGGLING AND ILLEGAL TRANSPORT OF GOODS ACROSS THE BORDER

THE AUTHORITIES AND PEOPLE'S COMMITTEES AT ALL LEVELS IN COMBATING SMUGGLING AND ILLEGAL TRANSPORT OF GOODS ACROSS THE BORDER

THE AUTHORITIES AND PEOPLE'S COMMITTEES AT ALL LEVELS IN COMBATING SMUGGLING AND ILLEGAL TRANSFER OF GOODS ACROSS THE BORDER

Article 10. Principles of cooperation in combating smuggling and illegal transport of goods across the border

1. Cooperation activities between competent state agencies in combating smuggling and illegal transport of goods across the border shall be carried out on the principles of promptness, timeliness, effectiveness, mutual support in accordance with the functions, tasks, and authorities of each agency.

2. State agencies have the responsibility to ensure that each field is managed by only one main state management agency, avoiding loopholes and overlapping, while not hindering the normal operations of other state agencies.

3. During the cooperation process, if there are difficulties, the directly related state agencies shall exchange and resolve them based on the provisions of the law; if consensus cannot be reached, they shall report to their respective direct superiors for resolution. In cases where the leaders of relevant ministries, sectors, provincial and municipal people's committees under the central government cannot reach consensus, they shall report to the Prime Minister for consideration and decision.

Article 11. Contents of cooperation in combating smuggling and illegal transport of goods across the border

1. Exchange and provide information.

2. Patrol, control, inspect, pursue, stop transport vehicles.

4. Train, improve expertise.

5. Propagate policies and laws.

Article 12. Responsibilities of the leading agency and cooperating agencies

1. When the customs authority leads the implementation of tasks in combating smuggling and illegal transport of goods across the border as prescribed by the Customs Law:

a) The customs authority has the responsibility to deploy personnel, equipment, material conditions, apply measures to prevent, arrest, investigate, and handle violations; assign specific tasks to cooperating agencies in accordance with their functions, tasks, and authorities, and support these agencies in completing their assigned tasks;

b) Cooperating agencies have the responsibility to comply with the cooperation requirements of the customs authority; organize and mobilize personnel, equipment, and supporting tools when requested by the customs authority in accordance with their functions, tasks, and authorities.

2. Responsibilities of the customs authority when cooperating with related agencies: Support personnel and equipment as required; inspect goods and transport vehicles in accordance with their functions, tasks, and authorities; perform other tasks assigned by the leading agency in accordance with the provisions of the customs law.

Article 13. Cooperation in exchanging and providing information

Customs authorities, police, border guards, maritime police, market management, and specialized inspection and supervision forces within the scope of their functions, tasks, and authorities have the responsibility to exchange and provide information related to smuggling and illegal transport of goods across the border:

1. Information on violation situations, violating goods; new methods and tricks related to smuggling and illegal transport of goods across the border.

2. Information on the situation of selling and transporting smuggled goods in the domestic market.

3. Information on networks, groups, routes, key areas related to smuggling and illegal transport of goods across the border.

4. Information on goods and smugglers involved in illegal transport of goods across the border.

5. Information on violation cases that have been arrested and handled including: Violating organizations and individuals; name, type, origin of violating goods; border gates, border areas where goods were brought into the domestic market, domestic transportation routes; methods and tricks of smuggling and illegal transport of goods across the border.

The exchange, provision, use, and confidentiality of information must be carried out in accordance with the provisions of the law.

Article 14. Cooperation in patrolling, controlling, inspecting, pursuing, and stopping transport vehicles

1. The customs authority shall be responsible for coordinating with relevant state agencies to regularly patrol and control on border routes and areas, and in key domestic areas to promptly detect smugglers, smuggling networks, and groups involved in illegally transporting goods across borders.

2. The Border Guard Force shall be responsible for coordinating and supporting the customs authority in patrolling, controlling, inspecting, pursuing, and stopping transport vehicles at land border gates and inland waters.

3. The Coast Guard shall be responsible for coordinating and supporting the customs authority in patrolling, controlling, inspecting, pursuing, and stopping transport vehicles in inland waters, territorial seas, and contiguous zones.

4. Traffic police shall be responsible for coordinating and supporting the customs authority in pursuing and stopping transport vehicles outside the customs operation area.

5. Other competent authorities shall be responsible for coordinating and providing support in terms of personnel and equipment to pursue and stop transport vehicles; apprehend violators, goods, and transport vehicles when requested by the customs authority in cases where pursuit continues from within the customs operation area to outside it.

1. The customs authority shall be responsible for coordinating and supporting the Border Guard Force, Coast Guard, police, and market management in implementing measures to prevent, investigate, and handle violations related to export and import activities upon request.

2. During the implementation of preventive, investigative, and handling measures, upon the request of the customs authority, the police, Border Guard Force, Coast Guard, and market management shall be responsible for:

a) Coordinating forces and providing material conditions to conduct administrative inspections of persons, transport vehicles, items, and places where contraband is hidden according to administrative procedures and escorting violators;

b) Coordinating and supporting forces and means in taking statements, collecting information, documents, evidence, expanding investigations, establishing special cases;

c) Cooperating in handling violation cases.

Article 16. Responsibilities of Provincial People's Committees and Municipal People's Committees under Central Government

1. Leading and directing local People's Committees at all levels to implement the Party's and State's policies and legal provisions on preventing and combating smuggling and illegal transportation of goods across borders.

2. Directing the coordination of activities among relevant state agencies at the local level in the fight against smuggling and illegal transportation of goods across borders within their jurisdiction.

3. Supporting the customs authority in arranging warehouses and temporary storage facilities for seized goods and vehicles; creating favorable conditions for investment in technical infrastructure to enhance the customs authority's capacity in enforcing laws, building a progressively standardized and modern customs service.

4. Proposing and recommending to the Government and relevant ministries and sectors to amend and supplement mechanisms and policies related to preventing and combating smuggling and illegal transportation of goods across borders.

Chapter IV

IMPLEMENTING PROVISIONS

Article 17. Effective Date

This Decree takes effect from February 16, 2015.

This Decree replaces Decree No. 107/2002/NĐ-CP dated December 23, 2002 of the Government stipulating the scope of customs operation areas; relations of cooperation in preventing and combating smuggling and illegal transportation of goods across borders and other acts violating customs laws.

Article 18. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree.

In case it is necessary to adjust the specific scope of customs operation areas at each land border gate and inland waterway border gate specified in the Appendix attached to this Decree, the Ministry of Finance shall take the lead and coordinate with the Ministry of National Defense, the Ministry of Industry and Trade, and the People's Committee of the province or city directly under the Central Government to consider and submit to the Government for decision./.